Judicial Empirical Research On Resolving Controversy Of Ownership Of Parking Space In Commercial Housing Community In China

With the number of private cars in China shows an exponential growth,The contradiction between the number of parking Spaces and the number of private cars in commercial housing communities is becoming increasingly acute,The disputes over the ownership of parking Spaces are also on the rise.This paper is based on the clause 74 of Property Law of the People’s Republic of China(hereinafter referred to as the Property Law)and clause 2,5 and 6 of Interpretation of the supreme people’s court on some issues concerning the specific application of law in the trial of cases concerning disputes over the ownership of buildings(hereinafter referred to as the Judicial interpretation)which adjust the ownership of parking space,As a result,different courts have made different judgments on the ownership dispute of parking Spaces.This paper use the database of Pkulaw to judge the ownership dispute of parking Spaces in residential areas in China and obtains 122 judgment samples by random sampling,carrying on the data statistical analysis to it,to get the problems existing in the judgment of parking space ownership dispute in judicial practice and put forward opinions and suggestions.The first part,the author describes and analyzes the sample data,the proportion of the judgment result and judgment basis of relevant judgment is obtained,it lays a data foundation for the citation of typical cases and the evaluation and analysis of relevant rules.The second part,the author cite the first part of the corresponding decision results of various parking Spaces and the typical cases with the highest proportion of basis to draw out the problems existing in the current judicial practice in solving the disputes over the ownership of parking Spaces in commercial housing estates.The third part,evaluate the relevant rules to obtain the following specific issues:such as,In the part2 of clause74,thet "planning" shall meet the two meanings,including administrative plan and the pre-planning of the residential district.The former one is the basis for developers to obtain the original real right of parking space through the act of"legal construction";such as,With regard to the meaning and application of article 6 of the the Judicial interpretation and its relationship to article 74,paragraph 3 of the Property Law;such as,the parking space can be regarded as the exclusive part of the division of ownership of the building;such as,through the assessment of the legal facts relating to parking spaces which including "whether to include the total area of the building","whether to participate in the calculation of the volume ratio","whether they are belong to the areas owned by the owners of the residential district" and "whether there is an independent right to use the construction land",it can be conclude that the rule of "subjective and objective consistency"is helpful to deal with the disputes about the ownership of parking spaces in commercial residential quarters accurately and efficiently in judicial practice.The fourth part,the author puts forward suggestions to perfect the rules of judicial decision on the ownership of parking spaces in commercial residential quarters in China and demonstrate it.such as,through establishing the rule of "subjective and objective consistency" in the legal norms,it is feasible to provide a clear examination scheme for judges to deal with disputes over car parking rights;such as,clarify the double meaning of"planning" in article 74,paragraph 2 of the property law;such as we should refine the provisions of article 74,paragraph 3 of the property law,and clarify the relationship between this provision and article 6 of the judicial interpretation;such as,the concepts such as "volume ratio","building area" and "shared area" shall be unified and classified in the legal documents to regulate the ownership of parking spaces in buildings.